DOD Special Access Programs: Administrative Due Process Not Provided When Access Is Denied or Revoked

Highlights

Pursuant to congressional requests, GAO reviewed the due process procedures and practices for individuals whose access to special access programs (SAP) and sensitive compartmented information (SCI) in the Army, Navy, and Air Force is denied or revoked.

Recommendations

Recommendations for Executive Action

Agency Affected	Recommendation	Status
Department of Defense	The Secretary of Defense should direct the Secretaries of the Navy and the Air Force to comply with the due process requirements of the DOD personnel security program regulation with respect to military and civilian personnel for whom access to a SAP is denied or revoked.	Closed – Implemented The Air Force and the Navy have revised their regulations to reflect the recommended changes.
Department of Defense	The Secretary of Defense should require that the services designate officials for appeal purposes from commands that are independent from those officials who make unfavorable SAP/SCI access determinations.	Closed – Implemented DOD has incorporated these changes in its personnel security regulations, and is awaiting the changes to the Director of Central Intelligence Direction (DCID) 1/14 for its changes as well. DCID 1/14 governs SCI access and the adjudication for SCI access.
Department of Defense	The Secretary of Defense should establish oversight procedures to ensure compliance by the services and components with the SAP/SCI due process requirements for DOD and contractor personnel.	Closed – Implemented DOD has established this change in its draft regulation responding to GAO's recommendation, and has instructed all DOD officials to implement these changes.
Department of Defense	The Secretary of Defense should propose that the National Industrial Security Program establish SAP due process procedures for contractor employees that are similar to DOD procedures for its military and civilian personnel.	Closed – Implemented DOD has proposed this change in the draft NISPOM out for agency comment as well as DOD regulations.

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Appellate procedureCivilian employeesConfidential communicationsContractor personnelDepartment of Defense contractorsInvestigations by federal agenciesMilitary personnelRight to due processSecurity clearancesMilitary forces